176 results for 'filedAt:"2024-03-26"'.
J. Martin finds that the lower court properly dismissed a woman's trip and fall suit as a sanction for her failure to timely and properly respond to discovery requests. An evasive or incomplete answer is to be treated as a failure to answer. Affirmed.
Court: Missouri Court Of Appeals, Judge: Martin, Filed On: March 26, 2024, Case #: WD86378, Categories: Tort
J. McDade finds that the lower court properly denied defendant's request for pretrial release on charges of violating a stalking no-contact order. Defendant called the victim and attempted to unlawfully enter her home, showing that he remains a danger to her. Affirmed.
Court: Illinois Appellate Court, Judge: McDade, Filed On: March 26, 2024, Case #: 230758, Categories: Bail, Threats
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J. D’Agostino denies summary judgment to two Colonie police officers on claims that they used excessive force to arrest an individual suspected of shoplifting at a local Target, which caused him to suffer a broken arm. The parties disagree over whether the suspect, after fleeing from the scene, voluntarily laid down on the ground in the parking lot to be arrested or whether he accidentally fell and had to be physically restrained.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: March 26, 2024, Case #: 1:20cv151, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Tort, Police Misconduct
J. Suddaby enters judgment against a Kingston, New York, resident on his remaining false arrest and false imprisonment claims stemming from a physical altercation with his daughter’s boyfriend and dismisses the case. The court finds the remaining defendant, a SWAT team member with the local police force, had probable cause to arrest the resident based on conflicting testimony regarding the accidental discharge of a rifle during the scuffle and is also entitled to qualified immunity.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: March 26, 2024, Case #: 1:20cv104, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Police Misconduct
J. Brown reaffirms a jury’s verdict that found in favor of a Suffolk County resident on his claim for malicious prosecution against a county police officer, but finds the $600,000 award in damages to be excessive and sends the case back to trial on the issue of damages unless the parties agree to a reduced award of $233,100. Lastly, the court finds the jury’s verdict against Suffolk County was not supported by the evidence and vacates the judgment.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: March 26, 2024, Case #: 2:16cv4164, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Damages, Police Misconduct
J. Hall dismisses a complaint against New York’s education department challenging its decision to revoke an impartial hearing officer’s certification after finding she had committed plagiarism and improperly advocated on behalf of a party in one of her cases. Her due process claim fails because she did not file a petition in state court appealing the decision as required, and her equal protection claim fails because she does not specify any comparators which would suggest she was singled out on the basis of her race.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: March 26, 2024, Case #: 1:23cv2361, NOS: Other Civil Rights - Civil Rights, Categories: Education, Due Process, Equal Protection
[Consolidated.] J. Randolph vacates the National Labor Relations Board's decision a produce company committed two unfair labor practices during "two brief workplace incidents." The board did not have substantial evidence to "support a reasonable inference that something nefarious was afoot." Vacated.cv
Court: DC Circuit, Judge: Randolph, Filed On: March 26, 2024, Case #: 23-1100, Categories: Administrative Law, Labor / Unions
J. Nardini finds that the district court improperly held that a supermarket chain had not exhibited discriminatory animus upon firing a store manager because her admission that she had falsified food logs did not resolve whether the stated reason for termination constituted pretext for discrimination, as the manager's claims that certain remarks by her direct supervisor indicated gender bias raised questions of "mixed motives," which, under precedent, may provide evidence of an adverse action against a protected class.
Court: 2nd Circuit, Judge: Nardini, Filed On: March 26, 2024, Case #: 23-238, Categories: Employment Discrimination
J. Brimmer allows an environmental group to continue claims alleging infringement of U.S. Patent Nos. 10,907,848 and 10,072,863 because microprocessor controller components were concrete and sufficiently specific.
Court: USDC Colorado, Judge: Brimmer, Filed On: March 26, 2024, Case #: 1:21cv2235, NOS: Patent - Property Rights, Categories: Patent
Per curiam, the appellate division finds that Telesforo Del Valle Jr. shall be disbarred from the practice of law in New York after he was convicted of conspiracy to bribe a federal employee. The scheme plotted to pay the employee to encourage criminal defendants to hire the attorney.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 26, 2024, Case #: 01677, Categories: Attorney Discipline
Per curiam, the appellate division finds that the lower court improperly found for the general contractor in a construction injury suit filed by a worker injured while working in an elevator shaft. The worker established that the 150-lb formwork panel that fell on him should have been, by law, secured by a safety device. However, negligence claims against the general contractor were correctly dismissed because the accident arose from the means of the work, which was direct controlled by the worker's employer. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 26, 2024, Case #: 01671, Categories: Construction, Tort
Per curiam, the appellate division finds that the lower court properly found for the committee, dismissing the petitioners' petition for an order recognizing them as duly elected District Leaders of the Democratic Party County Committee Divisional Committee for the 68th Assembly District Park A. The petitioner's grievance accrued as of a September 12, 2023 meeting, and is not entitled to equitable tolling. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 26, 2024, Case #: 01690, Categories: Elections
J. Brnovich rules a business leads company may pursue a preliminary injunction against a social media marketing firm. The business leads company sufficiently showed in court that the marketing firm violated a franchise owner agreement by affixing the leads company's logo on the side of his boat without permission, and then added the word "just" in front of "LeTip" in order to be vulgar and to share it on social media.
Court: USDC Arizona, Judge: Brnovich, Filed On: March 26, 2024, Case #: 2:24cv165, NOS: Franchise - Contract, Categories: Contract, Injunction
J. Flanagan grants the U.S. Postal Service’s motion for summary judgment following claims it violated the Rehabilitation Act brought by a distribution operations supervisor. The supervisor, being treated for PTSD, requested a change of role because the distribution machinery triggered his condition. The Postal Service allowed him to switch to departments, but when it was extremely short-staffed, called him back to the previous position. Since the Postal Service’s policy allowed it to call him back in times of dire need, and the fact it gave him accommodations to return, its decision was correct.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 26, 2024, Case #: 5:23cv42, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Flanagan denies a health insurance company’s motion to dismiss breach of contract claims brought by a class of its consumers after it denied them coverage of necessary medical treatment. Two men in the class both had diagnoses of prostate cancer and their providers proposed using an allegedly highly effective form of radiation treatment. The company denied their requested benefits through ERISA because its medical policies would not allow for this “investigational” treatment. However, the company’s third party investigation into the claims likely agreed with the company’s perspective even though it was contractually obligated to treat the men, giving them protection under the Unfair and Deceptive Trade Practices Act.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 26, 2024, Case #: 5:23cv354, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Health Care, Insurance, Class Action
J. Schroeder grants U.S. Citizens and Immigration Services’ motion to dismiss federal tort claims brought by a doctor whose fiancee was denied entry to the U.S. The doctor, a U.S. citizen, met his fiancee online, then met her in person once in Australia. However, the two have not physically seen each other within two years of the date of the doctor’s petition for his fiancee’s visa application. The Department of Homeland Security created this stipulation. Because only DHS has discretion to waive it, the court lacks subject matter jurisdiction.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: March 26, 2024, Case #: 1:23cv657, NOS: Other Immigration Actions - Immigration, Categories: Immigration, Jurisdiction